[HISTORY: Adopted by the Township Committee of the Township
of Carneys Point 12-17-2008 by Ord. No. 820. Amendments noted where
applicable.]
A.
A list of towing vendors is hereby established to provide towing
services for the Township of Carneys Point on a rotating basis. The
Police Department shall maintain the rotating list and determine the
time period for each rotation. The list of vendors shall be determined
by and under the direct supervision of the Chief of Police.
B.
A vendor shall be placed on the rotating list in the order in which
its application was approved. Each new vendor shall initially be placed
last on the list.
C.
If a vendor is called and for any reason does not or cannot perform
the requested service, the next vendor on the list will be called
to perform the towing service.
A.
A vendor seeking placement on the rotating list shall be required
to submit an application and receive the approval of the Chief of
Police.
B.
All applicants are required to complete an application furnished
by the Township Clerk providing any and all information prescribed
by the Chief of Police.
C.
Each vendor must be able to demonstrate to the Township that it is
thoroughly qualified and experienced in the towing and removal of
vehicles of all types and that it has adequate facilities, equipment,
expertise, licensing and personnel certified by Towing and Recovery
Association of America to perform the services in a manner satisfactory
to the Township of Carneys Point Police Department.
D.
The Township of Carneys Point Police Department will conduct a background
investigation of the vendor for approval of placement on the towing
list. The applicant will be required to pay the associated fees.
E.
Approval may be denied, suspended or revoked upon any of the following,
but not limited to, circumstances:
(1)
Submitting a fraudulent or misleading application.
(2)
A criminal conviction of a named principal of the vendor.
(3)
Failure to respond reliably and promptly to calls for assistance
or any other unsatisfactory performance action which interferes with
the proper operation of the rotating system maintained by the Police
Department.
(4)
Failure to utilize safe and adequate equipment as defined herein.
(5)
Violation of motor vehicle laws and/or municipal ordinances.
(6)
Failure or refusal to tow or remove a motor vehicle when requested
to do so by an appropriate municipal official.
F.
Once an applicant has been approved by the Chief of Police, the applicant shall be placed on the rotating list of towing vendors for a period of one year. The application shall be renewed annually upon the payment of the fee as set forth in Subsection G of this section.
G.
A vendor seeking placement on the rotating list shall submit an application
on an annual basis. The application shall be filed with the Chief
of Police not later than December 15 in the year prior to which approval
is sought. All applications shall be accompanied by a nonrefundable
fee of $100, which fee shall be payable to the Township of Carneys
Point.
[Amended 3-16-2011 by Ord. No. 853]
A.
The Police Department in general and the Chief of Police in particular
shall enforce the within provisions.
B.
The Chief of Police is hereby authorized and empowered to establish,
from time to time, written policies and procedures as may be reasonable
and necessary to obtain compliance with the terms of this chapter
and the laws of the State of New Jersey.
C.
All regulations, policies and procedures shall be made available
for inspection by the public at the Township Clerk's office during
normal business hours.
D.
Complaints by motor vehicle owners of any tow contractor shall be
referred to the Chief of Police, who shall promptly investigate and
resolve any dispute.
A.
The applicant shall verify a minimum of three years of towing-for-hire
experience either as an owner or principal at an established business.
Verification will be done by the Chief of Police or designee.
[Amended 3-18-2009 by Ord. No. 823]
B.
The applicant or agent shall not have received a criminal conviction
within the last seven years involving stolen or embezzled vehicles,
fraud relating to the towing business, stolen property, or any other
offense of a similar nature. All applicants and/or agents must submit
to a criminal history check in compliance with the New Jersey State
Police, Records and Identification Section, SBI Form 212B.
C.
The principal location of the applicant must be staffed during business
hours and shall maintain a clean, comfortable waiting room and toilet
facilities.
D.
The method of towing, transporting, or recovering a vehicle pursuant
to this chapter shall be performed consistent with the applicable
manufacturer's ratings including, but not limited to, the following:
E.
The applicant shall represent that its trucks and equipment are safe,
properly equipped, sound mechanically, and suitable for intended use
(N.J.S.A. 39:3-1 et seq. and 49 CFR 393). The vendor may be subject
to inspection by trained/certified New Jersey State Police Commercial
Vehicle Inspection personnel.
F.
The vendor shall file a list of rates and charges for each type of
service provided by each towing and recovery unit. The filed rates
may be adjusted at any time upon request by the vendor and notification
to the Carneys Point Police Department.
G.
It is the responsibility of the vendor to recover all charges for
vehicle towing and recovery operations from the vehicle owner or the
owner's insurance carrier. Neither the Carneys Point Police Department
or the Township of Carneys Point shall be responsible for collecting
any fees that are owed to the vendor.
H.
It is the responsibility of the vendor to remove all debris and/or
cargo from the incident scene directly and/or use a subcontractor
and in compliance with the cargo handling procedures as set forth
in this chapter.
Upon receiving notification from the communication center, the
vendor shall be allowed 15 minutes maximum response time from the
vendor's principal location. In the event that the vendor is unable
to respond in the allotted time, the next vendor on the rotating list
will be notified.
A.
The vendor shall be available 24 hours a day, seven days a week,
including holidays.
B.
The vendor shall not use answering machines or beepers to receive
calls from a communications center dispatcher.
C.
The vendor shall accept at least two major credit cards and shall
not charge the patron for its use.
D.
The vendor shall not remove any vehicle from any roadway without
proper authorization.
E.
The vendor shall answer routine calls for service in addition to
calls for towing.
F.
The vendor shall be reasonably responsible for clearing the roadway
of debris, except hazardous materials. Hazardous materials may be
defined as any dangerous or unknown substance which the vendor has
not been properly trained or licensed to dispose.
G.
The vendor shall notify the communications dispatcher when unable
to respond to a call or when unable to meet the response time requirement.
The vendor shall also immediately notify the communications dispatcher
when unable to respond or when unable to meet the response time requirements
of a previously accepted call.
H.
The vendor shall not assign calls to other tow companies.
I.
When patrons do not have funds available for payment, the vendor
shall tow the patron's vehicle to the vendor's storage facility until
payment arrangements have been made.
J.
The vendor and company representatives shall cooperate and communicate
with the police officer in charge and other emergency service personnel
at incident scenes.
K.
The vendor must post, in a conspicuous manner, a copy of its approved
service rates.
L.
The vendor or its agent must be available to surrender property from
towed vehicles during normal business hours and on Saturday, 9:00
a.m. to 12:00 noon.
M.
All drivers/operators must possess a valid New Jersey driver's license.
N.
The vendor must have inside repair facilities with an ample inventory
of parts.
O.
The vendor must maintain individual written records for impounded
vehicles. These records will indicate full vehicle information, odometer
reading, date and time towed and released. Impounded vehicles will
not be released without authorization from the Carneys Point Police
Department.
P.
The Carneys Point Police Department shall be responsible for attempting
to notify the owner of an abandoned vehicle that it has been towed
within 10 calendar days of the tow. In the event the towed vehicle
is not removed within seven calendar days by the owner, the vendor
shall be responsible for notifying the Carneys Point Police Department
in writing of this situation. Failure of the vendor to make notification
as previously stated herein shall limit the storage charge to seven
calendar days only.
Q.
The Chief of Police shall have the discretion to determine the maximum
number of vendors needed for the Township of Carneys Point.
A.
The vendor shall submit a list of drivers with copies of their New
Jersey driver's licenses. This information will be submitted to the
Carneys Point Police Department for background checks. Background
checks will be the responsibility of the vendor/owner.
B.
The vendor shall notify the Chief of Police or designee concerning
any changes in employee status, including additions and deletions.
C.
Drivers shall behave in a professional manner.
E.
Each driver must obtain a Level 2 National Driver Certification or
equivalent. Each new hire must obtain his or her certificate within
nine months from start of employment. Each driver must possess a commercial
driver's license (CDL) and must also comply with 49 CFR 391.51.
[Amended 3-16-2011 by Ord. No. 853]
F.
Each recovery supervisor must obtain a Level 3 National Driver Certification
or equivalent within nine months from start of employment, and must
have received training in an industry-recognized recovery course.
Although all personnel on the recovery scene do not need recovery
training, each recovery supervisor must meet the listed requirements.
G.
All certifications will be verified and maintained at the Carneys
Point Police Department.
A.
Each vendor shall be required to purchase, maintain and provide during
the time of service on the rotating list proof of insurance, including
the certificate(s) furnished by a reputable insurance company licensed
to do business in the State of New Jersey, containing the following
coverage with liability limits as set forth below:
(1)
Garage liability/comprehensive general liability insurance policy
in an amount not less than $3,000,000 combined single limit covering
bodily injury and property damage liability including, but not limited
to, personal injury, products liability (where applicable), independent
contractor and completed operation coverage.
(2)
Garage keeper's legal liability insurance policy in an amount not
less than $100,000. Said policy must include both comprehensive and
collision, and an endorsement to include "on hook."
(3)
Automobile liability insurance policy in an amount not less than
$3,000,000 combined single limit covering bodily injury and property
damage liability including, but not limited to, owned, nonowned and
hired vehicles.
(4)
Worker's compensation insurance as required by law, including but
not limited to statutory New Jersey workers' compensation benefits
and employers' liability of at least $100,000.
(5)
Excess umbrella liability. In the event that garage liability and/or
automobile liability cannot be purchased up to the required three-million-dollar
limit, an excess liability or umbrella liability policy must be purchased
to effect a total liability limit of $3,000,000. Excess or umbrella
liability policies will not be required for garage keeper's policies
that meet or exceed the one-hundred-thousand-dollar minimum limit.
B.
The garage liability and automobile liability policies shall name
the Township of Carneys Point as an additional insured and certificate
holder.
C.
The vendor shall execute an agreement to hold harmless, indemnify
and defend, at the vendor's expense, the Township, its employees and
officials from any and all claims, demands, suit or action for personal
injury or property damage brought against the Township, its employees
and officials for any activities which arise out of any services performed
hereunder.
D.
Copies of the above-mentioned documents will be maintained at the
Carneys Point Police Department.
A.
The lot must display a certificate of occupancy for related business.
B.
The vendor must be equipped to provide proper, safe and secure storage
for all vehicles that are towed and stored. The Chief of Police or
designee will conduct an annual inspection of the storage facility.
C.
Impounded vehicles shall only be released upon proper authorization
of the Carneys Point Police Department. The vendor shall assume responsibility
for all impounded vehicles released without authorization.
D.
Personal property is considered to be any item that is not directly
affixed to the vehicle. Such items shall be released to the owner
upon request during normal business hours at no charge.
E.
Each storage facility must be:
(1)
Located in close proximity to the vendor.
(2)
Secured by a minimum six-foot barrier sufficient to deter trespassing
and/or vandalism.
(3)
Staffed or available for access between the hours of 8:00 a.m. and
6:00 p.m. Monday through Friday, and Saturday, 9:00 a.m. to 12:00
noon, excluding legal holidays.
(4)
Sufficient in size to accommodate all vehicles towed at the request
of the Carneys Point Police Department.
(5)
Secure for all vehicles in custody, proportionate to the history
and level of crime and/or vandalism in the area.
[1]
Editor's Note: Former § 194-10, Light-duty service,
was repealed 3-16-2011 by Ord. No. 853.
[Amended 3-16-2011 by Ord. No. 853]
A.
A vendor must present for service a minimum of two trucks, consisting
of a flatbed and a wrecker, which meet the following minimum requirements:
(1)
Ten thousand pounds GVWR minimum commercially manufactured wrecker
and chassis.
(2)
Minimum wheel lift capacity of 3,000 pounds.
(3)
Minimum winch capacity of 8,000 pounds.
(4)
Three-eighths-inch-by-one-hundred-foot cable or OEM specifications.
(5)
Two safety chains, 3/8 inch by 10 feet high test.
(6)
Two tow chains, 3/8 inch by 10 feet high test with J&T hooks,
and grab hooks.
(7)
Three-ton snatch block.
(8)
Trailer ball hitch attachment.
(9)
Motorcycle towing equipment.
(10)
Amber emergency lights with proper amber light permit from State
of New Jersey.
(11)
Two flood or work lights to the rear of the wrecker.
(12)
Two-way radio or cellular phone.
(13)
Assortment of tools.
(14)
Jumper cables.
(15)
Flashlight, fire extinguisher, first aid kit.
(16)
Gas can.
(17)
Lug wrench and jack.
(18)
Broom and shovel, road flares, triangles or road cones.
(19)
Fourteen thousand five hundred pounds GVWR minimum commercially
manufactured flatbed and chassis 17 feet or longer hydraulically operated
slide back or tilt bed.
(20)
Three-eighths-inch-by-fifty-foot cable or OEM specifications.
(21)
Four safety chains, 3/8 inch by 10 feet high test.
(22)
One bridle chain, high test with J hooks, and grab hooks.
(23)
One four-ton snatch block.
(24)
Assortment of wood blocks and boards.
B.
In addition to the requirements of Subsection A of this section, vendor must present for service a minimum of one additional truck, which meets the following minimum requirements:
(1)
One 35,000 pounds GVWR minimum commercially manufactured wrecker
and chassis.
(2)
Meeting state and federal DOT requirements governing commercial motor
vehicles.
(3)
Air brakes.
(4)
Air transfer system for the controlling of the brakes of the towed
vehicle.
(5)
Axle lift with a minimum lift capacity of 25,000 pounds and a tow
capacity of 80,000 pounds.
(6)
Two safety chains, 1/2 inch by 10 feet alloy.
(7)
Two tow chains, 5/8 inch by 10 feet alloy.
(8)
Axle lift safety straps or equivalent retention device.
(9)
Amber emergency lights with proper amber light permit from the State
of New Jersey.
(10)
Two flood or work lights to the rear of the wrecker.
(11)
Tow light bar or magnetic tow lights.
(12)
Two-way radio or cellular telephone.
(13)
Assortment of wood blocks or boards.
(14)
Assortment of tools.
(15)
Flashlight.
(16)
T-Bolts/maxi release pins.
(17)
Angle iron.
(18)
First aid kit.
(19)
Fire extinguisher.
(20)
Broom and shovel.
(21)
Road flares, triangles and road cones.
C.
The vendor must have the capability to tow a minimum of three vehicles
at the same time.
D.
The vendor will be permitted to tow a vehicle over 10,000 pounds
gross vehicle weight (GVWR) for disabled vehicles only.
A.
Includes service for all accidents, recovery, and winching incidents
for any vehicle over 10,000 pounds GVWR or any vehicle that has dual
wheels.
B.
The vendor must meet the following minimum requirements:
(1)
Two thirty-five-thousand-pound GVWR minimum commercially manufactured
wrecker and chassis with wheel lift. All wreckers must be fully hydraulic.
Mechanically or electronically operated wreckers and/or fifth wheel
hookups will not be permitted.
(2)
Oshkosh or Sterling-type crane can be substituted for one mechanical
boom wrecker.
(3)
Meeting state and federal DOT requirements governing commercial motor
vehicles.
(4)
Air brakes.
(5)
Air transfer system-the controlling of the brakes of the towed vehicle.
(6)
At least one truck shall have an axle lift with 25,000 pounds minimum
lift capacity and 80,000 pounds tow capacity.
(7)
Fifty-thousand-pounds minimum winch capacity.
(8)
Fifty-thousand-pounds minimum boom capacity.
(9)
Five-eighths-inch-by-two-hundred-foot cable or OEM specifications.
(10)
Two safety chains one-half-inch-by-eight-foot alloy.
(11)
Two tow chains 1/2 inch by 10 feet and four chain binders.
(12)
Four winching chains one-half-inch-by-eight-foot alloy.
(13)
Four tie down chains 5/16 inch by 10 feet and four chain binders.
(14)
Two recovery straps six inches by 20 feet or longer.
(15)
Axle-lift safety straps or equivalent retention device.
(16)
Two scotch blocks or recovery stiff legs mounted into body of
truck.
(17)
Two twelve-ton snatch blocks.
(18)
Amber emergency lights with proper amber light permit from the
State of New Jersey.
(19)
Two flood or work lights to the rear of the wrecker.
(20)
Two-way radio or cellular telephone.
(21)
Assortment of wood blocks and boards.
(22)
Assortment of tools.
(23)
Flashlight.
(24)
Angle iron.
(25)
Tow light bar or magnetic tow lights.
(26)
T-bolts/maxi release pins.
(27)
Hydraulic bottle jack.
(28)
First aid kit.
(29)
Fire extinguisher.
(30)
Broom and shovel.
(31)
Road flares, triangles or road cones.
(32)
Additional equipment either owned or subcontracted.
(33)
One air cushion recovery system including starter cushions,
with motor-driven air pump, with lifting capacity of 100,000 pounds.
(34)
One semitractor with fifth wheel.
(35)
One Lowboy or Landall-type equipment-hauling trailer with minimum
hauling capacity of 40,000 pounds.
(36)
One relief trailer or truck capable of transferring loads off
damaged trucks.
A.
The Chief of Police is empowered to suspend or remove vendors from
the towing list for three failures to respond on a timely basis, failure
to demonstrate the skills necessary to perform tows or recoveries
in a safe, prompt and efficient manner, or excessive, unresolved customer
complaints.
B.
Termination may occur if the application is fraudulent, an indictable
conviction of the owner, the owner's insurance is cancelled, or if
there is evidence indicating a pattern of consumer fraud or any serious
violation as determined by the Chief of Police.
C.
The vendor may appeal any disciplinary action to the Carneys Point
Township Committee. The sanctions of the Chief of Police will not
be stayed pending appeal.
A.
Where the driver, owner, or his representative is capable of action
on his own, the police officer will make it clear to him that responsibility
for safeguarding or disposal of property rests with him and that it
must be disposed of promptly. The police officer will instruct the
driver to remain with the disabled or wrecked vehicle until the vehicle
and cargo are off the roadway and in a place of safety designated
by the driver or owner of the vehicle.
B.
Where the driver, owner or his representative is not able to take
over himself, but the vehicle and its contents can be handled expediently
by a wrecker, the police officer will advise the authorized vendor
called to tow the disabled or wrecked vehicle to take charge of the
vehicle and its contents.
C.
In all such cases involving the handling, safeguarding and disposal
of such property, where police officers rather than the owners or
drivers must take charge, the owner or some other responsible party
will be promptly notified by the Carneys Point Police Department.
D.
If there is a load spillage on the roadway which the wrecker, in
the opinion of the Carneys Point Police Department, cannot handle,
NJDOT maintenance crews or the Public Works Department (on nonstate
highways) shall be notified. Cargo shall not be disposed of by maintenance
crews. The Carneys Point Police Department shall have sole authority
to dispose of cargo that is in the best interest of the public.
E.
In the event of spillage of perishable goods (food, drugs, alcohol)
the County Department of Health shall be notified by the Carneys Point
Police Department, requesting one of their inspectors report to the
scene to inspect the goods and take such action as appropriate.
F.
If, in the opinion of the Carneys Point Police Department, after
consultation with the authorized vendor, the cargo must be unloaded
before the vehicle can be removed, the following procedure shall be
followed:
(1)
It is imperative that any vehicle disabled or involved in an accident
be removed as quickly as possible. This also applies to a vehicle
that is on the shoulder or overturned in a ditch or berm. To accomplish
this, the trucking company shall assume as much responsibility as
possible. The off-loading of cargo must begin no less than one hour
after the communication center dispatcher is notified.
(2)
The communication dispatcher will contact the company and make all
arrangements for trucks and manpower at the scene. The Police Officer
in charge of the scene will make arrangements to remove the vehicle
and its cargo by the best possible means. The order of preference
is as follows:
(3)
Should the NJDOT or Public Works be involved with the off-loading
of the cargo, a maintenance supervisor shall dispatch the necessary
personnel and equipment and, under the direction of that supervisor,
shall unload the cargo. It shall not be disposed of by the NJDOT or
Public Works unless or until abandonment by the owner is established.
The Carneys Point Police Department shall have sole authority to dispose
of the cargo in the best interest of the public.
G.
In the event of a spillage of petroleum products, the protocol of
the Carneys Point Fire Department and Office of Emergency Management
shall be followed.
[Added 10-2-2019 by Ord. No. 949]
All towing vendors may charge a fee up to the amount established
by the New Jersey State Police for nonconsensual law enforcement tows
for nontoll roads.
